BABITA Vs. STATE

JUDGEMENT

(1.) THIS criminal revision petition has been preferred under Section 397/401 Cr. P. C. against the order framing charge passed by Learned ASJ dated 23. 01. 2007 and the charges framed in pursuance thereof on 01. 02. 2007 under Section 498-A/304-B/34 IPC against the petitioner along with others.

(2.) BRIEFLY stating the facts of this case are; that late Smt. Vimla Devi (hereinafter referred to as the deceased) was married with Mahesh Pant, who is related to the petitioner as her brother, in the year 2003. Prom the wedlock of deceased with Mahesh Pant, one female child was born on 01. 11. 2004. According to the prosecution the deceased was caught by fire on 24. 02. 2006 while working in the kitchen of her matrimonial house and was taken to Irwin Hospital for treatment by her husband and was also given treatment by the hospital. However, she could not survive and succumbed to the burn injuries which were to the tune of 100%. She was declared dead on 25. 02. 2006 before making any dying declaration.

(3.) ON the basis of the statements made by the parents, including father of the deceased, recorded on 25. 2. 2006 before the SDM, FIR No. 126/2006 under Sections 498-A/304-B/34 IPC, Police Station Mandawali was registered against the husband, Shri Mahesh Pant and his other family members, including the petitioner. In the statement of the father of the deceased and the statement of her mother allegations were leveled mainly against her husband to the effect that at the time of marriage a demand of rs. 1,50,000/- was made as dowry in addition to what they had given like t. V. , Fridge, Almirah, Double Bed, Utensils, Gold ornaments weighing 6 tolas etc. It was further alleged that the relationship between the deceased and her in-laws was not cordial. It would be appropriate to take note of the statement made by the father of the deceased which is to the following effect: